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MATTER OF SHARPE v. COUGHLIN

177 A.D.2d 774 (1991)

In the Matter of Tim Sharpe, Petitioner, v. Thomas A. Coughlin III, as Commissioner of The Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 7, 1991

We reject petitioner's contention that the determination of guilt is not supported by substantial evidence. The positive test results of two EMIT tests alone can constitute substantial evidence to support a finding that an inmate is guilty of violating a rule prohibiting the use of controlled substances (see, Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter of McKins v Coughlin...

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